actual notice

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actual notice

Commonly means notice expressly and directly given to a person and received by that person.In legal documents,however,a requirement for actual notice may be satisfied through express notice or implied notice, but not by constructive notice. Express notice is given by actual delivery of the information to the person charged.Implied notice is satisfied if the person has sufficient facts available to cause him or her to ask further questions and thereby receive express notice. Constructive notice occurs when someone is charged by law with making inquiries such as would cause him or her to learn of facts giving rise to implied notice.

References in periodicals archive ?

In finding that the mailed notice met state and federal due process requirements, the court stated that the "[s]tate must attempt to provide actual notice, not that it must provide actual notice," and that "the notice [should be] reasonably calculated, under all the circumstances, to apprise interested parties of the action and afford them an opportunity to present their objections." (4) Consistent with this methodology, F.S.

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The taxpayer claimed that he did not receive actual notice of the deficiency until 1995, when he met with an IRS agent in connection with an unrelated matter.

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Creditors must be given actual notice of the bankruptcy case to enable them to file a proof of claim in a timely manner.

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More importantly, there was no evidence in these cases that the IRS had either actual notice of, or reason to suspect, the taxpayers' incapacity.

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1) A beneficiary must have actual notice of the withdrawal right;[9]

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However, the third party must have actual notice or knowledge (within the meaning of Sec.

Third-party liability for withholding taxes under Sec. 3505

Such a process will increase the likelihood that off-site owners will receive timely (or any) actual notice, and will save the association time "stuffing" envelopes and the expense of postage.

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"His formal notice period seems to have begun only after his actual notice period had ended"

Funding council probing payment to ex-principal; Exclusive: Investigation into Aberdeen University pay-off

Actual notice is just what the term implies, and a business commonly receives actual notice by way of a letter accusing it of infringing a particular patent.

What to do when accused of patent infringement: Steps to take if a cease-and-desist letter arrives in the mail